Immaterial Averment
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In pleading. A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c.
3, § 186.
Such averments must, however, be proved as laid, it is said (Doug. 665), though not if they may be struck out without striking out at the same time the cause of action, and when there is no variance. Gould, PI. c.
3, § 188. See 1 Chit. PI. 282.